Rights, Remedies, and Practice, at Law, in Equity, and Under the Codes: A Treatise on American Law in Civil Causes; with a Digest of Illustrative Cases, Том 5

Предња корица
Bancroft-Whitney Company, 1890

Из књиге

Садржај

Representations In general 2056 Representations must be material
3516
Matters of opinion
3517
Subsequent change immaterial
3518
Statutes as to warranties and representations
3520
Concealment
3521
What facts need not be disclosed
3522
What facts must be disclosed 2063 Conditions of policies Notice of change of circumstances 2064 Notice of change of circumstances required Req...
3523
CHAPTER XCIX
3570
Construction of different words and phrases as to title
3578
Encumbrance What is and what is not
3582
Overvaluation Overinsurance 2101 Conditions and stipulations in policy Increase of risk
3584
Fire policies not assignable
3626
To person having no interest
3660
ACCIDENT INSURANCE
3662
CHAPTER CII
3672
MARINE INSURANCE
3682
Cargo arriving damaged
3721
Against birth of issue
3728
Payment of premium
3729
CONTRACTS
3741
THE CONSIDERATION
3761
2253 Forbearance to
3778
2264
3784
CHAPTER CX
3793
Registration of deeds Requisites
3820
Notice of unregistered deed
3827
Effect of errors of recording officer
3834
Construction of deeds
3836
Public grants Construction of 2284 Recitals in deeds
3838
Description of property Quantity
3839
Boundaries Monuments
3843
Courses and distances 2288 What passes as incident to grant
3845
Right of owner of soil to full dominion over it above and below 2290 Things overhanging ones land
3846
Trees overhanging anothers land
3847
What is conveyed by particular language words and phrases
3848
Reservations and exceptions
3849
Covenants in deeds In general
3851
Construction of covenants
3853
Covenant of seisin
3854
Covenant of right to convey
3856
Covenant against encumbrances
3857
Covenant for quiet enjoyment
3859
Covenant for further assurance
3861
Covenant of warranty
3862
Other covenants
3864
Covenants running with the land
3865
Measure of damages for breach of covenants
3868
Cancellation of deeds and other instruments
3874
Reformation of deeds and other instruments
3876
When relief not given
3878
CHAPTER CIX
3880
Words to be construed according to their ordinary meaning
3885
General words restricted to things ejusdem generis 2319 In favor of validity of contract
3886
The statute of frauds 2322 Promise to answer for debt default etc of another 2323 Agreements made in consideration of marriage 2324 Lands tene...
3887
CHAPTER CXI
3924
Representation to person having knowledge or means of knowledge
3937
Representation as to one of several matters
3938
CHAPTER CXIV
3980
2411 Contracts entered into on Sunday void
4025
Contracts partly executed on Sunday
4029
Negotiable paperBona fide holder
4030
Ratification of contract made on Sunday 2415 Judicial acts performed on Sunday void
4031
Ministerial acts valid 2417 Traveling on Sunday
4032
Hiring horses on Sunday
4034
CHAPTER CXVI
4054
Forbearance or extension of time
4086
Substituted or new securities
4087
Usurious interest may be recovered back Setoff
4089
Penalties also recoverable 2464 Relief in equity
4090
Who may plead usury
4091
Waiver by borrower Estoppel
4093
Usury must be pleaded Form of plea 2468 Evidence to support plea
4094
THE DISCHARGE OF THE CONTRACT CHAPTER CXVII
4096
Filling blanks in instruments Negligence of maker
4107
Presumptions as to alterations Burden of proof
4108
Recovery upon original consideration
4109
Effect of an alteration upon sureties 2482 Release of principal discharges surety
4110
Performance as to quality of goods 2491 Delivery of goods 2492 Stoppage in transitu Who may exercise right 2493 Grounds for Insolvency defi...
4117
Part performance of conditions precedent
4154
When performance of conditions precedent waived or discharged
4155
CHAPTER CXX
4180
CHAPTER CXXI
4195
Money paid under executory illegal contract may be recovered back
4226
Aliter where agreement is executed
4227
Where intent of law is to protect party 2567 Accord and satisfactionWhat it is Effect
4228
The consideration
4231
CHAPTER CXXII
4233
Requisites of new agreement rescinding or altering prior contract
4235
Acoeptance of new debtor Novation
4236
Rescission by death
4237
Release Effect
4238
Form of and requisites of release 2576 What matter release covers 2577 Covenant not to
4240
Release of and by codebtors and cocreditors
4241
Rescission by act of one party
4242
CHAPTER CXXIII
4245
THE REMEDIES FOR BREACH OF THE CONTRACT CHAPTER CXXIV
4250
Statute of frauds Part performance
4277
Delay and laches
4281
CHAPTER CXXV
4284
THE ASSIGNMENT OF THE CONTRACT CHAPTER CXXVI
4326
LICENSES
4349
CHAPTER CXXVII
4351
License by law or necessity
4352
Implied license
4354
License personal to licensee Not assignable
4355
Other cases 2648 Choses in action assignable by statute
iii
Promise defined Promissory expressions not binding
iv
Against person using doubtful language
vi
Subsequent impossibility of performance Promisor not discharged 2521 Exceptions Promisor discharged 2522 Performance rendered impossible b...
vii
How election may be made 2360 Remedies of party defrauded 2361 Effect of affirmance of contract 2362 Laches Effect of delay in election 236...
ix
WARRANTIES AND REPRESENTATIONS
xi
Marine insurance definedThe contract
xiii
What is a warranty Express warranties 2371 Animals
xv
Two parties essential to a contract 2382 Stranger to contract enforcing it 2383 Joint promisors or debtors 2384 Joint promisees or creditors 2385 S...
xvi
Discharge by new agreement Other cases 2484 Guaranty of performance of duties 2485 When surety not discharged
xix

Друга издања - Прикажи све

Чести термини и фразе

Популарни одломци

Страница 4171 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Страница 3582 - And it is further provided in the policy that, "if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured...
Страница 4170 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Страница 3646 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery. If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences...
Страница 4173 - ... that excuse is by law implied, because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Страница 3635 - It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured, for her sole use, the life of her husband...
Страница 4216 - To constitute the coercion or duress which will be regarded as sufficient to make the payment involuntary, * * * there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Страница 3883 - The construction of all written instruments belongs to the Court alone, whose duty it is to construe all such instruments, as soon as the true meaning of the words in which they are couched, and the surrounding circumstances, if any, have been ascertained as facts by the jury : and it is the duty of the jury to take the construction from the Court, either absolutely, if there be no words to be construed as words of art, or phrases used in commerce, and no surrounding circumstances to be ascertained;...
Страница 3517 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Страница 3617 - The policy, besides providing that this company shall not be liable "for any loss caused by the explosion of gunpowder or any explosive substance, nor by lightning or explosions of any kind, unless fire ensues, and then for the loss or damage by fire only...

Библиографски подаци